GENDER AND DEVELOPMENT OFFICE

UNIVERSITY OF EASTERN PHILIPPINES

PERTINENT LAWS ON GAD:
A Briefer
R.A. No. 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
The state recognizing the need to protect the family and its members particularly women and
children, from violence and threats to their personal safety and security, enacted RA No. 9262 also
known as ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 or Anti-VAWC Act of
2004
What are the acts of violence against women and their children punishable by RA No.9262?
1.
2.
3.
4.
5.
6.

7.
8.

9.

10.

Causing physical harm to the woman or her child;

Threatening to cause the woman or her child physical harm;
Attempting to cause the woman or her child physical harm;
Placing the woman or her child in fear of imminent physical harm;
Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to engage in;
Attempting to restrict or restricting the womans or her childs freedom of movement or
conduct by force or by threat of force which include by not limited to:
a. Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;
b. Depriving or threatening to deprive the woman or her children financial support legally due
her or her family, or deliberately providing the womans children insufficient financial
support;
c. Depriving or threatening to deprive the woman or her child of a legal right;
d. Preventing the woman in engaging in any legitimate profession, occupation, business or
activity.
e. Controlling the womans own money or properties or solely controlling the conjugal or
common money, or property;
Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force or through intimidation directed against the
woman or her child or her/his immediate family;
Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms
or causes substantial emotional or psychological distress to the woman or her child. This
includes but not limited to:
a. Stalking;
b. Peeking;
c. Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
d. Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and
e. Engaging in any form of harassment or violence
Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including but not limited to verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the womans child.

Who are the possible victims under the law and deserves protection?
1. Woman and her children;
2. An illegitimate or legitimate child who is a minor;
3. Persons eighteen (18) years and above who does not have the ability to decide for
herself/himself because of an emotional, physical and mental illness;
4. Any child under the care of a woman.
Who can commit the crime?
The intimate partner of a woman like:
a.
b.
c.
d.

Husband or ex-husband;
Live-in partner or ex-live in partner;
Boyfriend/girlfriend or ex-boyfriend or ex-girlfriend;
Dating partner or ex-dating partner.

Are men the only one liable under VAWC?

No. women can also be liable under the law. These are the lesbian partners/girlfriends
or former partners of the victim who she has or had a sexual or dating relationship.
Is the woman liable if she uses violence against her male partner?
If the woman commits violence as a form of self-defense, the law acknowledges that the
woman may have suffered from Battered Women Syndrome (BWS).
What is BWS?
BWS or Battered Women Syndrome is scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
Though the woman may be suffering from BWS, she is still entrusted with the custody and care of the
minor children.
How can women and their children be protected under the law?
1. The law allows women and their children to secure barangay protection order.
2. They may also apply for Temporary or Permanent protection order from the courts.
3. They can also file an independent civil action for damages and criminal action for the
violation of anti-VAWC Act.
What is a Protection Order?
If is an order prescribed in the Anti-VAWC Act to prevent further abuse of or violence against a
woman and her child. It also provides them relief from said abuse or violence.
Who may file the Protection Order?
Anyone of the following may also file the protection order in behalf of the victim/s:
1.
2.
3.
4.
5.
6.
7.

Parent or guardian;
Grandparents;
Children and grandchildren;
Relatives (aunts, uncles, cousins, in-laws);
Local officials and DSWD social workers;
Police;
Lawyers;

8.
9.
10.
11.

Counselors;
Therapists;
Health care providers (nurse, doctors, barangay health workers);
Any two people who came from the city or municipality where VAWC happened and who have
personal knowledge of the crime.

R.A. No. 7877

THE ANTI-SEXUAL HARASSMENT ACT OF 1995

What is Sexual Harassment?

An act committed by an employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainer, or any person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands, requests, or
otherwise requires any sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.
What are the forms of sexual harassment?
1. Physical
a. Malicious touching
b. Overt sexual advances
2. Gestures with lewd insinuation
3. Verbal, such as but not limited to. Request or demands for sexual favors, and lurid remarks
4. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings
5. Other forms analogous to the foregoing.
How is education or training related sexual harassment committed?
Education or training related sexual harassment is committed:
1. Against one who is under the care, custody or supervision of the offender;
2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
considerations;
4. When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
Where can sexual harassment be committed under the provision of CSC Resolution No. 01-0940?
Sexual harassment may take place:
1. In the premises of the workplace or office or of the school or training institution;
2. In any place where the parties were found, as a result of work or education or training
responsibilities or relations;
3. At work or education- or training-related social functions;
4. While on official business outside the office or school or training institution or during work or
school or training-related travel;
5. At official conferences, for a, symposia or training sessions; or
6. By telephone, cellular phone, fax machine or electronic mail.

When is a government official/employee liable for sexual harassment?

A government official or employee, regardless of sex, is liable for sexual harassment when
he/she:
1. Directly participated in the execution of any act of sexual harassment as defined by the
Administrative Disciplinary Rules on Sexual Harassment Cases;
2. Induces or directs another or others to commit sexual harassment as defined by the Rules;
3. Cooperates in the commission of sexual harassment by another through an act without which
the sexual harassment would not have been accomplished; or
4. Cooperates in the commission of sexual harassment by another through previous or
simultaneous acts.
What is CODI?
CODI stands for Committee On Decorum and Investigation.
What is the function of CODI?
The CODI shall:
1. Receive complaints of sexual harassment;
2. Investigate sexual harassment complaints in accordance with the prescribed procedure;
3. Submit a report of its findings with corresponding recommendation to the disciplining authority
for decision; and
4. Lead in the conduct of discussions about sexual harassment within the agency or institution to
increase understanding and prevent incidents of sexual harassment.
What is the composition of the CODI in educational institution?
In an education/training institution:
1. the administrator;
2. the trainers, teachers, instructors, professors, or coaches;
3. the students or trainees.
What if the employer or head of office falls to take an action despite knowledge of sexual
harassment?
The employer or head of an office, educational or training institution will be held liable for the
damages arising from acts of sexual harassment if they are informed by the offended party of the
occurrence of such acts, yet no action has been undertaken.
R.A. No. 9208
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
What is Trafficking in Persons?
a. Recruitment, transportation, transfer and harboring or receipt of persons:
1. With or without consent or knowledge;
2. With or across national boarder.
b. The recruitment, transportation, transfer and harboring or receipt of persons involves:
1. Threat or use of forces;
2. Fraud or deceit;
3. Violence
4. Coercion

5.
6.
7.
8.

Intimidation
Abuse of power or position;
Taking advantage of the vulnerability of a person;
The giving or receiving of payments or benefits to achieve the consent of a person having
control over another person.
c. The recruitment, transportation, transfer and harboring or receipt of persons is for the purpose
of:
1. Prostitution
2. Other forms of sexual exploitation;
3. Forced labor or services;
4. Slavery or servitude.
5. Removal or sale of organs.

Note: the recruitment, transportation, transfer and harboring or receipt of a child for the purpose of
exploitation shall also be considered as trafficking in persons even if it does not involve any of the means
set forth in the law.
When is trafficking of persons qualified?
1.
2.
3.
4.

When the trafficked person is a child;

When adoption is effected for the purpose of trafficking;
When committed by a syndicate or in a large scale;
When the offender is an ascendant, parent, sibling, guardian, or a person who exercises
authority over a trafficked person or when offense is committed by a public officer or
employee;
5. When the trafficked person is recruited to engage in prostitution with any member of the
military;
6. When the offender is a member of the military or law enforcement agencies;
7. When the trafficked person dies, becomes insane, suffers mutilation or is afflicted with HIV
or AIDS.
Who may file a case for trafficking?
1. The victim;
2. The parents, spouse, sibling, child or legal guardian of the victim;
3. Any person who has personal knowledge of the offense being committed.
What protections are provided for the victim under the RA 9208?
1. To protect the rights of the victim, the case is classified as confidential;
2. Victims are not penalized for the acts committed since it was done to follow the order of the
offender;
3. Victim will be under the witness protection program
4. Other services, such as:
a. Provided with a place to stay (DSWD)
b. Counseling (DSWD)
c. Free legal service (DOJ/POEA)

R.A. No. 9995

Anti-Photo and Video Voyeurism Act of 2009
What are the specific acts prohibited and punished under the Anti-Photo and Video Voyeurism Act of
2009?
1. To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as the naked or
undergarment clad genitals, pubic area, buttocks or female breast without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy.
2. To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording
of sexual act or any similar activity with or without consideration. It is immaterial if consent to
record or take photo or video coverage of the same was given by such person/s.

3. To sell or distribute, or cause to be sold or distributed, such photo or video or recording of

sexual act, whether it be the original copy or reproduction thereof. It is immaterial if consent to
record or take photo or video coverage of the same was given by such person/s.
4. To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast
media, or show or exhibit the photo or video coverage or recordings of such sexual act or any
similar activity through VCD/ DVD, internet, cellular phones and other similar means or device. It
is immaterial if consent to record or take photo or video coverage of the same was given by such
person/s.
What do you mean by private area of a person?
It means the naked of undergarment clad genitals, pubic are, buttocks or female breast of an
individual.
If theres an undergarment (e.g., brief or panty) covering the private parts, is this still covered by the
law?
Yes. Based on the definition above, the genitals, pubic area, buttocks or female breast of an
individual may be naked or clad with undergarment.
What is the meaning of capture?
With respect to an image, it means to videotape, photograph, film, record by any means, or
broadcast.
What if the other person was aware of and consented to the taking of the photograph?
Even if there was consent to the taking of the photo, if there is no consent to the sharing or
exhibition, then the offending party would still be liable.
What do you mean by broadcast?
Broadcast means to make public, by any means, a visual image with the intent that it be
viewed by a person or persons.
What if the photo shows the breasts of a man, is this covered by the law?
No. the law only covers female breasts.

If the photo shows only the side of a female breast, without the nipple, is this still covered by the law?
Yes. The term female breast includes any portion of the female breast.
What is the penalty for committing say of the prohibited acts?

The court has the discretion to impose Imprisonment of not less than three (3) years but
not more than seven (7) years, or a fine of not less than P 100,000 but not more than P
500,000, or both.
For more information and assistance,
please contact the GAD Center at
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